Covert monitoring is surveillance of online activity without giving the users involved specific notification that this is going on. It clearly has legal implications relating to interception of communications, data protection, privacy and human rights in general.
The Employment Practices Data Protection Code published by the Information Commissioner states that ‘covert monitoring should not normally be considered’. As far as we are aware there is nothing to suggest that students should be treated differently. Covert monitoring of behaviour can only be justified in very limited circumstance such as suspicion of criminal activity. Third party organisations such as the police can carry out covert monitoring in limited circumstances with appropriate authorisation. Further discussion on this matter can be found in the JISC Legal Interception and Monitoring Law webcast available on the JISC Legal website at http://www.jisclegal.ac.uk/LegalAreas/InterceptionandMonitoring.aspx.
Additional reading on this topic can be accessed at:
http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/coi_html/english/quick_guide/section_5.html
http://www.out-law.com/page-445
http://news.zdnet.co.uk/itmanagement/0,1000000308,2108075,00.htm
The Employment Practices Data Protection Code can be accessed at:
http://www.ico.gov.uk/for_organisations/topic_specific_guides/employment.aspx